Cook County Trust Litigation Attorneys | Trust Dispute Lawyers, Cook County IL

In this article, our Cook County trust dispute attorneys explain undue influence in trust litigation.  Undue influence is a cause of action used to invalidate a trust based on a third party taking some wrongful, illegal, or fraudulent action to deprive the grantor of the trust of his or her free will, thereby subverting his or her actual wishes. Undue influence is much easier to prove if the alleged wrongdoer was a trusted fiduciary of the grantor of the trust.

In this article, our Cook County trust litigation lawyers explain lack of testamentary capacity in Illinois trust disputes. Like undue influence, lack of testamentary capacity is a basis for invalidating a trust. In order for a trust to be valid, the grantor of the trust must understand who his or her immediate family are, understand the property he or she owns, and understand his or her actions in creating the trust to dispose of the property.  This is called testamentary capacity.

In this article, our Cook County trust litigation lawyers explain motions for summary judgment.  Trust disputes follow the Illinois Rules of Civil Procedure. In civil litigation, motions for summary judgment are a way for the parties to resolve a dispute without a trial. If the movant can show that there is no genuine dispute about the facts that would entitle him or her to judgment according to the law, the judge should issue judgment in favor of the movant without the expense of a trial.